My landlord served an invalid section 21 notice to me in May.
I guess they eventually realised that, because at the end of May they sent me an email with gas certificates etc. They provided no reason why they were sending me all these documents. So I figured they would send me a new section 21.
They never did.
The landlord has already done some very dishonest stuff like put my name on a utility bill, even though in my contract all bills are included in my rent. Nightmare of a person to deal with.
Today I just realised they might have served a new section 21 at the start of June but did not email or post it to me. Which would mean the 60 days is up as of a few days ago.
What proof do landlords have to provide a court to prove they have actually served a section 21?
Was there a gas safety cert in place when you moved in? If not the its likely that no s21 will ever be valid. Some courts are giving a bit of latitude with gsc’s provided the first and last one is served. They can also be served late, but generally before any s21 notice. Anything else missing? EPC, How to Rent?
I wouldnt worry too much, but longer term is this really a place you want to be?
I don’t want to be here but it’s insane trying to find a new place in London at present. I was hoping if a little time passed something was going to give and these crazy rents and lack of supply would change.
I was sent a batch of documents at the end of May which covered everything. And the epc etc were all valid.
The main thing is this all came after they had sent the section 21. So that makes the s21 invalid and I don’t think there is any latitude on that in the courts?
I don’t know why they sent me all these documents but did not send a new s21. So my fear is they have issued a new s21 but not sent it to me. You might think this is over the top, but it’s perfectly in line with other stuff they’ve done.
So I’m still wondering what they have to provide the court to show they have served a new s21 in June?
Because if it comes to a “he said/she said” that they claim they sent it and I claim they didn’t, I don’t know how exactly I prove they didn’t.
From what you’ve said, I would agree, that the s21 already served is invalid. Its possible that your landlord doesn’t understand the law in this regard and may still attempt to get a court possession order based on the notice. Clearly it is not in your interest to inform him of his mistake, but to simply enter a technical defence when and if the time comes.
Incidentally, I don’t see the situation getting any better regarding rents and tenant selectivity in the foreseeable future as more and more landlords are leaving the sector in expectation of a change in tenancy law promised by the Government.